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FLEMING v. AMERICAN STORES CO.

No. 1912.

42 F.Supp. 511 (1941)

FLEMING, Administrator of the Wage and Hour Division, United States Department of Labor, v. AMERICAN STORES CO.

District Court, E. D. Pennsylvania.

December 30, 1941.

Attorney(s) appearing for the Case

Gerard D. Reilly, Sol., and Irving J. Levy, Asst. Sol., both of Washington, D. C., in Charge of Litigation, J. M. Gallagher, Regional Atty., of Philadelphia, Pa., Abner Brodie, of Washington, D. C., Ernest N. Votaw, of Philadelphia, Pa., and A. A. Cohen, of Cleveland, Ohio, for plaintiff.

Joseph Gilfillan, of Philadelphia, Pa., for defendant.

KALODNER, District Judge.

What is a "retail establishment" within the meaning of section 13(a) (2) of the Fair Labor Standards Act of 19381?

Specifically, is a $33,000,000 chain store organization, employing more than 14,000 workers, with gross annual sales of $115,000,000, which directly and through wholly-owned subsidiaries operates 2,300 retail grocery stores and eleven warehouses in seven states and the District of Columbia...

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